Assaulting A Public Servant

A man in the Denton area was recently arrested on assault charges after repeatedly beating a Denton police officer in a solitary confinement cell in a Denton Jail. The individual at the time was attempting to make a phone call from a standard jail cell when the individual started banging the phone’s receive against the wall. Two law enforcement officers then moved the individual to a solitary confinement cell. Both law enforcement officers took the individual to the ground as the cell door closed and locked behind, which resulted in two officers being briefly trapped inside. The individual proceeded to strike one of the law enforcement officers multiple times before the cell door could be opened. As a result of this attack, one of the officers suffered head injuries but fortunately did not need to be taken to the hospital.

It remains uncertain whether additional charges will be filed concerning the assault. Assault in the state of Texas is defined as including an attempt to commit battery. Assault on a law enforcement officer is assault committed on a peace officer who is responsible for preserving public order, promoting public safety, and detecting crimes.

Applicable Law

The state of Texas defines assault of a public servant as a third degree felony. The individual who commits the assault must be aware that the alleged victim was a public servant. The type of public servant can include emergency room personnel, EMTs, firefighters, law enforcement, paramedics, and security guards. The state of Texas, however, defines emergency personnel as including individuals who work in any position of volunteering or providing service for the benefit of the general public during emergency situations. There are several types of situations in which individuals most often tend to be charged with assault of a public servant:

  • Automobile Accidents: Individual who are involve in a motor vehicle accident have been known to get into fights with paramedics that attempt to rescue the individual.
  • Fights: Individuals who are involved in fights can quickly find law enforcement interfering in an effort to break up the fight. In some cases, an individual can either accidentally or intentionally harm a law enforcement officer.
  • Struggles During an Arrest: Many individuals understand the dangers of lashing out against a law enforcement during an arrest. If law enforcement officers are injured during this process, individuals can be charged with assault of a public servant.

Potential Defenses

Defenses are generally not available when applying to assault a public servant. One potential divorce is if the force justified. In order for self defense to be justified, the person who is arrested must be attacked by a police officer, have reasonable grounds to believe that the individual’s life is in danger, and must only meet the attack with such reasonable force s necessary to save his own life and protect himself from great bodily injury.

Contact a Talented Denton Criminal Defense Attorney

If you have been charged with criminal trespass in Denton or the surrounding area, it is a wise idea to obtain the services of a skilled attorney who can help create a strong legal defense. Contact Wheeler Law Office today.